West Bengal

South 24 Parganas

CC/479/2014

SMT. MALABIKA SARKAR, W/O LATE BRATINDRA NATH SARKAR - Complainant(s)

Versus

SMT. DEBJANI GHOSH, W/O SRI RANJIT KUMAR GHOSH - Opp.Party(s)

23 Mar 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _479__ OF ___2014______

 

 DATE OF FILING : 22.9.2014_     DATE OF PASSING JUDGEMENT:__23.3.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : 1. Smt. Malabika Sarkar,w/o late Bratindra Nath Sarkar

                                                  2. Sri Abishek Sarkar, s/o late Bratindra Nath Sarkar

                                                  3. Miss Kinkini Sarkar,d/o late Bratindra nath Sarkar

                                                  All of Madhyapara, Raynagar, P.S. Regent Park, Kolkata -70.

 

-VERSUS  -

 

O.P/O.Ps                                :  1.     Smt. Debjani Ghosh,w/o Sri Ranjit Kr. Ghosh, Prop. Of

                                                  M/s Rajashree Construction of 103, Subodh Garden, P.S. Regent Park,

  Kolkata – 70.

  2.     Sri Sankar Chowdhury, s/o late Lalchand Chowdhury

  3.      Sri Tarak Chowdhury,s/o late Lalchand Chowdhury

 4.      Sri Biswanath Chowdhury,s/o late Lalchand Chowdhury

 5.      Smt. Aruna Chowdhury, d/o late lalchand Chowdhury

 All of 111 Madhyapara Roy Nagar, P.S. Bansdroni Park, Kolkata – 70.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

The case of the complainant in brief is that inspite of payment of full consideration money and receiving the physical possession of the property in question the O.p-1 yet did not execute and register the sale deed in favour of the complainant. Hence, this case.

The O.p-1 fought shy to contest the case.

The O.p nos. 2 to 5 contested the case by filing written version contending inter alia that the case is not maintainable in law and in facts.

The complainant filed evidence on affidavit and some documents and reply.

O.P nos. 2 to 5 also filed questionnaire.

 

 

 

 

                                                            Decision with reasons

We have carefully gone through the records and documents filed by both the parties. The documents that filed by the complainant it has proved that the original owner of the property made a development agreement with the O.p-1 and according to that O.P-1 made a sale agreement with the complainant. But after the death of the original owner the legal heirs  are not willing to execute and register the deed of conveyance. By not executing and registering the deed of conveyance  the O.P nos. 2 to 5 made a social as well as legal injustice to their beloved father . On the other hand they have dishonoured his right . The O.P- 2 to 5 are bound to execute and register the property in question as they are enjoying the rights of the property as legal heirs and they are also liable to settle all legal matters remain undone by their father . As a result O.P nos. 2 to 5 are totally responsible for deficiency in service. O.P-1 is also directed to execute and register the deed of conveyance along with O.P nos. 2 to 5 after completing all legal formalities.

            Hence,

                                                                        Ordered

That the case being C.C.no. 479 of 2014 be and the same is decreed on contest against O.P nos. 2 to 5 and exparte against O.p-1 with cost of Rs.10,000/- payable by O.P-1.

All the O.Ps are directed to execute and register the deed of conveyance within one month from this day.

O.P-1 is directed to repay the excess money with interest @9% p.a from the date of receiving the money from the complainant which she paid for registration till payment.

If the execution and registration of the deed of conveyance are not done and the completion certificate is not given within one month from this day, The O.p-1 shall pay compensation of a sum of Rs.50,000/- to the complainant. 

                                                                                                                              

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the case being C.C.no. 479 of 2014 be and the same is decreed on contest against O.P nos. 2 to 5 and exparte against O.p-1 with cost of Rs.10,000/- payable by O.P-1.

All the O.Ps are directed to execute and register the deed of conveyance within one month from this day.

O.P-1 is directed to repay the excess money with interest @9% p.a from the date of receiving the money from the complainant which she paid for registration till payment.

If the execution and registration of the deed of conveyance are not done and the completion certificate is not given within one month from this day, the O.p-1 shall pay compensation of a sum of Rs.50,000/- to the complainant. 

                                                                                                                             

                                                            Member                                               President